Re: License and adopting software

[Sid]

I think we should consider gradually using the Clear BSD license whenever 
someone decides to make an alternate, where a GPL licensed code was inserted on 
top of less restrictive licenses.
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Re: License and adopting software

[Sid]

> 'someone else said something to the effect of  "If I looked at the code 
> already, the license is already contaminated"'
That makes no sense to me. That advice seems counterproductive. In the source 
code, I'm sure you saw this, but there are different licenses in the files.
 
Usually, when someone adds on top of FreeBSD's license, that part belongs (or 
is at least dual/multi-licensed) in FreeBSD.
 
The only separator I understand is, the files, to have their distinctive 
licenses, to differentiate it from the rest of the packaged source code, but 
first distinguish it as your creation, copyright and license. I don't know if a 
line within a file can have a different license, unless that line was already 
established as MIT, or the creator releasing that line to GPL.
 
The odd part is, if a code goes into GPL, they get to license it. But if those 
lines are already MIT, that code is multi-licensed under both MIT and GPL. If 
code goes into a GPL code first, and the author didn't claim it as their own 
first, it's odd, (that code will be for GPL, but) I don't know if you can use 
that code for outside of GPL, even if you wrote it. I don't know about that, 
but it's safer to claim that code as your own, your project's or your 
pseudonym, before writing it into a GPL code to fix it. I wish there was 
someone who can clarify that.

I guess you're trying to find out or audit if everything within a code is GPL? 
That may be hard. I would start a new file, with your own license, informally 
copyright your creation with simple copyright text and license (not through the 
office: use the copyright office for your best or proprietary work), then maybe 
merge it afterwards. There is better advice on protecting your contribution's 
license, and how they interact. Some of that can be found by looking around, 
but it would be nice if someone who is really familiar with that would tell 
what they can.
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Re: License and adopting software

[Sid]

If the author doesn't respond, it's best to move on. Either use their GPL, or 
completely rewrite it, to avoid infringing on their work. It should be in it's 
own separate files, so it doesn't get absorbed into that other work's more 
restrictive license, before it is its own work. You'll need to look more into 
that.

Their copyright of the work is what you have to avoid, which is allowed for use 
by its respective license variant: GPL, LGPL, BSD, ISC, Apache, MIT, etc.

These publications help with what constitutes general and software copyright, 
to avoid infringing on developers' licensed copyrights.
https://www.copyright.gov/circs/circ01.pdf - Copyright Basics
https://www.copyright.gov/circs/circ33.pdf - Works not Protected by Copyright
https://www.copyright.gov/circs/circ61.pdf - Copyright Registration of Computer 
Programs
There are other organizing bodies on copyright, that will convey useful 
information too.

"The copyright law does not protect the func-
tional aspects of a computer program, such as the program’s 
algorithms, formatting, functions, logic, or system design."

An "ad minima" such as adding obvious words and minimum content like "an" or 
"the" also don't account for copyright protection. Lists and facts don't 
account for copyright.
I don't really understand, if the section "Derivative Computer Programs" in 
circ61 is referring to an author's own work, or others' works. This is worth 
investigating.

The core FreeBSD was rewritten from scratch, as in completely different code 
that accomplished the objective of removed code. It's like the difference 
between a car, shoes, a motorcycle, a bicycle, a scooter, a train, and a dolly 
for function of transport, that most have the inclusion of the common public 
domain wheel.

I'm not familiar with code. But when there's a story, set of facts, other 
ideas, or other information, there are many ways to write about it, without 
infringing on a copyright. There are many summaries, or book reports that don't 
infringe on the author's work, but they all accomplish the task of depicting 
that work. Drawings are a little different: freehand drawing still violates a 
copyright of the original work, even if the end result looks fundamentally 
different than the photo it is from.

I hope this clears up some ideas about licenses, and their relation to what is 
covered by softwares' respective copyrights.
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Re: License and adopting software

[blubee blubeeme]

On Tue, Dec 12, 2017 at 6:09 AM, Greg 'groggy' Lehey 
wrote:

> [format recovered]
>
> On Sunday, 10 December 2017 at 23:31:33 -0800, Chris H wrote:
> > On Mon, 11 Dec 2017 12:24:53 +0800 "blubee blubeeme" <
> gurenc...@gmail.com> said
> >> On Mon, Dec 11, 2017 at 12:21 PM, Jonathan Chen 
> wrote:
> >>> On 11 December 2017 at 17:17, blubee blubeeme 
> wrote:
>  I like some old software that's <= GPL2 but it seems like the original
>  developer is not and have not done any work on the software sine mid
>  2000.
> 
>  I'd like to pick up the project, fix bugs BUT i'd like to migrate
>  from GPL to BSD license.
> 
>  How does one go about doing that? I have seen the GPL code but it
>  could be re-written how would that affect me re-writing the code
>  with a new copy center license?
> >>>
> >>> You basically have to get the original author to reassign copyright to
> >>> you; after which you can do whatever you like to it. If you're basing
> >>> your new work on the original work, you have to respect the LICENCE
> >>> that it came with.
> >
> > It's also worth noting; you can dual-license it. That is:
> > their code == their license
> > your code (additions) == your license
>
> No, you can't.  Read the conditions of the GPL license.  If you add
> code to a GPL product, the additions become subject to the GPL.
>
> Greg
> --
> Sent from my desktop computer.
> Finger g...@freebsd.org for PGP public key.
> See complete headers for address and phone numbers.
> This message is digitally signed.  If your Microsoft mail program
> reports problems, please read http://lemis.com/broken-MUA
>

I remember reading the history of FreeBSD and in the early days when parts
of what eventually became FreeBSD was re-written. They obviously seen the
prior closed source ATT source code and "re-wrote" it giving it a BSD
license.

It would be cool to hear how they were able to go about it.
Anyone been through the process care to share their experience?
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Re: License and adopting software

[Greg 'groggy' Lehey]

[format recovered]

On Sunday, 10 December 2017 at 23:31:33 -0800, Chris H wrote:
> On Mon, 11 Dec 2017 12:24:53 +0800 "blubee blubeeme"  
> said
>> On Mon, Dec 11, 2017 at 12:21 PM, Jonathan Chen  wrote:
>>> On 11 December 2017 at 17:17, blubee blubeeme  wrote:
 I like some old software that's <= GPL2 but it seems like the original
 developer is not and have not done any work on the software sine mid
 2000.

 I'd like to pick up the project, fix bugs BUT i'd like to migrate
 from GPL to BSD license.

 How does one go about doing that? I have seen the GPL code but it
 could be re-written how would that affect me re-writing the code
 with a new copy center license?
>>>
>>> You basically have to get the original author to reassign copyright to
>>> you; after which you can do whatever you like to it. If you're basing
>>> your new work on the original work, you have to respect the LICENCE
>>> that it came with.
>
> It's also worth noting; you can dual-license it. That is:
> their code == their license
> your code (additions) == your license

No, you can't.  Read the conditions of the GPL license.  If you add
code to a GPL product, the additions become subject to the GPL.

Greg
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Re: License and adopting software

[Chris H]

On Mon, 11 Dec 2017 12:24:53 +0800 "blubee blubeeme"  said


On Mon, Dec 11, 2017 at 12:21 PM, Jonathan Chen  wrote:

> On 11 December 2017 at 17:17, blubee blubeeme  wrote:
> > I like some old software that's <= GPL2 but it seems like the original
> > developer is not and have not done any work on the software sine mid
> 2000.
> >
> > I'd like to pick up the project, fix bugs BUT i'd like to migrate from
> GPL
> > to BSD license.
> >
> > How does one go about doing that? I have seen the GPL code but it could
> be
> > re-written how would that affect me re-writing the code with a new copy
> > center license?
>
> You basically have to get the original author to reassign copyright to
> you; after which you can do whatever you like to it. If you're basing
> your new work on the original work, you have to respect the LICENCE
> that it came with.

It's also worth noting; you can dual-license it. That is:
their code == their license
your code (additions) == your license
At some point ( < 50% ?) their code becomes a little less relevant, and it's
questionable as to the pertinence/relevance of their (GPL) license. But theirs
much rebuttal on that point. I'd (personally) consider it irrelevant at that
point, *especially* when it's suffering bit rot, and the original author is
unresponsive. But in the end, it's up to you to make that decision/choice. :-)
Oh, and I'm *not* advocating jacking/stealing any ones code. Just debating the
extent of the GPL license.

--Chris

> --
> Jonathan Chen 
>
There has been no update since 2005 and I've tried many times this year to
get in touch w/ the original author. There has been no response, that's why
I am asking here.



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Re: License and adopting software

[Greg 'groggy' Lehey]

On Monday, 11 December 2017 at 12:24:53 +0800, blubee blubeeme wrote:
> On Mon, Dec 11, 2017 at 12:21 PM, Jonathan Chen  wrote:
>
>> On 11 December 2017 at 17:17, blubee blubeeme  wrote:
>>> I like some old software that's <= GPL2 but it seems like the
>>> original developer is not and have not done any work on the
>>> software sine mid 2000.
>>>
>>> I'd like to pick up the project, fix bugs BUT i'd like to migrate
>>> from GPL to BSD license.
>>>
>>> How does one go about doing that? I have seen the GPL code but it
>>> could be re-written how would that affect me re-writing the code
>>> with a new copy center license?

If you rewrite the code from scratch, you can apply any license you
like, as long as you don't copy *any* of the code.  Determination of
whether you have done so or not is tricky, and you can end up creating
bike sheds.

>> You basically have to get the original author to reassign copyright
>> to you; after which you can do whatever you like to it. If you're
>> basing your new work on the original work, you have to respect the
>> LICENCE that it came with.
>>
> There has been no update since 2005 and I've tried many times this year to
> get in touch w/ the original author. There has been no response, that's why
> I am asking here.

Unfortunately, without the agreement of all parties who have
contributed to the software, you can't change the license.  Is GPL
such a big deal?

Greg
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Re: License and adopting software

[blubee blubeeme]

On Mon, Dec 11, 2017 at 12:21 PM, Jonathan Chen  wrote:

> On 11 December 2017 at 17:17, blubee blubeeme  wrote:
> > I like some old software that's <= GPL2 but it seems like the original
> > developer is not and have not done any work on the software sine mid
> 2000.
> >
> > I'd like to pick up the project, fix bugs BUT i'd like to migrate from
> GPL
> > to BSD license.
> >
> > How does one go about doing that? I have seen the GPL code but it could
> be
> > re-written how would that affect me re-writing the code with a new copy
> > center license?
>
> You basically have to get the original author to reassign copyright to
> you; after which you can do whatever you like to it. If you're basing
> your new work on the original work, you have to respect the LICENCE
> that it came with.
> --
> Jonathan Chen 
>
There has been no update since 2005 and I've tried many times this year to
get in touch w/ the original author. There has been no response, that's why
I am asking here.
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Re: License and adopting software

[Jonathan Chen]

On 11 December 2017 at 17:17, blubee blubeeme  wrote:
> I like some old software that's <= GPL2 but it seems like the original
> developer is not and have not done any work on the software sine mid 2000.
>
> I'd like to pick up the project, fix bugs BUT i'd like to migrate from GPL
> to BSD license.
>
> How does one go about doing that? I have seen the GPL code but it could be
> re-written how would that affect me re-writing the code with a new copy
> center license?

You basically have to get the original author to reassign copyright to
you; after which you can do whatever you like to it. If you're basing
your new work on the original work, you have to respect the LICENCE
that it came with.
-- 
Jonathan Chen 
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License and adopting software

[blubee blubeeme]

I like some old software that's <= GPL2 but it seems like the original
developer is not and have not done any work on the software sine mid 2000.

I'd like to pick up the project, fix bugs BUT i'd like to migrate from GPL
to BSD license.

How does one go about doing that? I have seen the GPL code but it could be
re-written how would that affect me re-writing the code with a new copy
center license?
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